Opinion
CAF 05-00022.
February 3, 2006.
Appeal from an order of the Family Court, Onondaga County (David G. Klim, J.), entered December 6, 2004 in a proceeding pursuant to Family Court Act article 8. The order dismissed the family offense petition.
LINDA M. CAMPBELL, SYRACUSE, FOR PETITIONER-APPELLANT.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (ROBERT P. RICKERT OF COUNSEL), FOR RESPONDENT-RESPONDENT.
Present: Scudder, J.P., Kehoe, Martoche, Smith and Pine, JJ.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: On appeal from an order dismissing her Family Court Act article 8 petition without prejudice, petitioner contends that she presented sufficient evidence establishing that respondent abused her. We reject that contention. Petitioner failed to meet her burden of establishing, by a fair preponderance of the "competent, material and relevant evidence" (Family Ct Act § 834; see § 832), that respondent committed acts constituting the family offenses of harassment in the first degree or reckless endangerment in the first or second degrees within the meaning of the Penal Law ( see Family Ct Act § 812; Penal Law §§ 120.20, 120.25, 240.25).